Two days since launching an online crowd funding campaign, $50,000 has been raised to fund a First Nations appeal to fight the Canada-China investor deal.
In August, the Federal Court of Canada released a decision on the controversial Hupacasath First Nation v. The Minister of Foreign Affairs Canada and the Attorney General of Canada case, regarding the pending ratification of the Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA).
The Hupacasath First Nation filed a judicial review asserting that if the government of Canada were to ratify FIPPA they would breach their duty to consult First Nations. The band council was compelled to launch a challenge under Section 35 of the Canadian Constitution.
The court ruled against the Hupacasath’s challenge, finding that the impacts of FIPPA were “speculative” and that the duty to consult had not been violated.
According to Grand Chief Stewart Phillip, “First Nations leadership across this country are facing a federal government who stated in court that they do not need to nor ever intend to ever consult any First Nation regarding any trade agreement. The Court responded that this total lack of consultation ‘would not contravene the principle of the honor of the Crown or Canada’s duty to consult’. That is absurd, unconscionable and incredibly offensive.”
Online advocacy group Leadnow.ca has launched a successful fundraising campaign, and in just two days the viral fundraising website has raised $50,000. Earlier this year, Leadnow.ca and a dozen organizations worked together on an initial crowdfunding effort which raised over $150,000 to fund the constitutional challenge.
According to Leadnow.ca Campaigns Director Matthew Carroll, “We let our supporters decide for themselves if they believe the decision on the Hupacasath’s legal challenge was just, and what we’re seeing loud and clear was that people believe this ruling was unjust. That is why so many Canadians have come together to help fund the appeal, and support the Hupacasath First Nation fighting on behalf of all Canadians.”
“FIPPA has been snuck through without any real debate in parliament, leaving no option but to examine its implications except through this crowdfunded constitutional challenge. Canadians who were concerned about the implications of this trade deal had no recourse, yet now the government is trying to penalize us through an adverse cost claim. They made this court case necessary, and now they want to set a precedent to intimidate Canadians and First Nations from doing this again. This is a public interest case and it’s very unusual that the government demanded costs. We believe they are doing this to chill opposition,” said Carroll.
Canadians who want to help support the legal challenge can donate securely online at http://www.leadnow.ca/fipa-legal
Background:
In the last year, Leadnow.ca has worked to raise the alarm on the Canada-China FIPPA. A successful online campaign received over 85,000 signatures, and an online fundraiser raised over $100,000 to fund radio ads on conservative talk radio. Op-eds and full-page ads were run in national newspapers, thousands sent letters to the editor, called their MP, and submitted comments to the Department of Foreign Affairs and International Trade on the environmental impacts of FIPPA. It was initially expected that the investor deal would be ratified in November of 2012.